Chula Vista Municipal Code Art. I Sexually Oriented Businesses

It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (Ord. 3241 § 2, 2012).

For purposes of this chapter, the words and phrases defined in the subsections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.

A. “Adult arcade” shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.” Such devices shall be referred to as “adult arcade devices.”

B. “Adult bookstore” or “adult video store” means a commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas.”

C. “Adult booth/individual viewing area” shall mean a partitioned or partially enclosed portion of a sexually oriented business used for any of the following purposes:

1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”; or

2. Where “adult arcade devices” are located.

D. “Adult cabaret” means a business establishment (whether or not serving alcoholic beverages) that features “adult live entertainment.”

E. “Adult cabaret dancer” shall mean any person who is an employee of an “adult cabaret” who, with or without any compensation or other form of consideration, performs live entertainment and whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer’s breasts, genitals, and/or buttocks, but does not involve exposure of “specified anatomical areas” or depicting or engaging in “specified sexual activities.” “Adult cabaret dancer” does not include a patron.

F. “Adult hotel/motel” shall mean a “hotel” or “motel” (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to “specified sexual activities” or “specified anatomical areas.”

G. “Adult live entertainment” shall mean any physical human body activity, whether performed or engaged in alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer (including, but not limited to, topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, “specified anatomical areas”; and/or (2) the performance or physical human body activity depicts, describes, or relates to “specified sexual activities” whether or not the specified anatomical areas are covered.

H. “Adult model studio” means a business establishment which provides for any form of consideration the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays “specified anatomical areas” to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. “Adult model studio” does not include schools maintained pursuant to standards set by the Board of Education of the state of California including the following:

1. A college, junior college, or university supported entirely or partly by taxation; or

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

I. “Adult motion picture theater” means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas” are regularly shown to more than five persons for any form of consideration.

J. “Adult oriented material” shall mean accessories, paraphernalia, books, magazines, laser discs, compact discs, digital video discs, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices, including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.” “Adult oriented material” shall include “sexually oriented merchandise.”

• K. “Adult retail store” shall mean a business establishment having as a regular and substantial portion of its stock in trade “sexually oriented material.”

L. “Characterized by” means describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

• M. “Chief of Police” means the Chief of Police of the City of Chula Vista or his/her designee.

• N. “City” means the City of Chula Vista, California.

• O. “Employee” describes and pertains to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. Employees shall include “cabaret dancers,” “performers” and “nonperformers.” “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

• P. “Establish” or “establishment” means and includes any of the following:

  1. The opening or commencement of any sexually oriented business as a new business;

  2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

  3. The addition of any sexually oriented business to any other existing sexually oriented business;

  4. The relocation of any “sexually oriented business”; or

  5. Physical changes that expand the square footage of an existing “sexually oriented business” by more than 10 percent.

Q. “Floor space” means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.

R. “Influential interest” in a sexually oriented business means any of the following: (1) the actual power to operate the sexually oriented business or control the operation, management or policies of the sexually oriented business or any legal entity which operates the sexually oriented business (an “operator” is deemed to have an influential interest in the sexually oriented business); (2) possession or control of any right, title or interest in or to 30 percent or more of the ownership of a sexually oriented business or of any legal entity with ownership or management authority of a sexually oriented business, including any security interest therein with rights of ownership or management authority upon default; or (3) holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates or has a 30 percent or more ownership interest in the sexually oriented business.

S. “Licensee” means a person in whose name a regulatory license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business regulatory license.

T. “Nonperformer” shall mean a person who is an employee of a sexually oriented business, but does not satisfy the definition of a “performer,” who works in the sexually oriented business during regular business hours. This shall not include after hours workers providing janitorial, trash or similar after hours services.

U. “Operator” means any person on the premises of a sexually oriented business who manages, supervises, or controls the business or a portion thereof. A person may be found to be an operator regardless of whether such person is an owner, part owner, or licensee of the business.

V. “Performer” shall mean a person who is an employee of an adult business or any other person who, with or without any compensation or other form of consideration, provides “adult live entertainment” for patrons of a “sexually oriented business.”

W. “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

X. “Premises” means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a sexually oriented business regulatory license.

• Y. “Sexually oriented business” means:

1. A business establishment or concern that as a regular and substantial course of conduct operates as an “adult bookstore or adult video store,” “adult cabaret,” “adult motion picture theater,” “adult model studio,” “adult retail store,” “adult arcade,” or “adult motel or hotel.”

2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes “sexually oriented material” or “sexually oriented merchandise,” or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” but not including those uses or activities which are preempted by state law.

3. For purposes of the Bayfront Specific Plan and the Eastlake II Planned Community District, the term “cabaret” shall have the same meaning as the term “sexually oriented business” as defined at subsections (Y)(1) and (Y)(2) of this section.

Z. “Sexually oriented merchandise” shall mean sexually oriented implements, paraphernalia, or novelty items such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

AA. “Specified anatomical areas” means and includes:

1. Less than completely and opaquely covered: human genitals; pubic region; buttock; and female breast below a point immediately above the top of the areola; and

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

BB. “Specified criminal activity” means any of the following specified crimes for which (1) less than two years have elapsed since the date of conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (2) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the conviction is a felony; or (3) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24-month period:

1. Rape offenses set forth in California Penal Code Section 261;

2. Pimping or soliciting offenses set forth in California Penal Code Section 266(h);

3. Pandering offenses set forth in California Penal Code Section 266(i);

4. Any offense described in California Penal Code Sections 311 (311(a), Obscene Matter) and 313 (Harmful Matter);

5. Lewd, indecent, or obscene conduct offenses set forth in California Penal Code Section 314, 647(a) or 647(d);

6. Gambling or prostitution offenses set forth in California Penal Code Section 315, 316, 318 or 647(b);

7. Sex offenses requiring registration under California Penal Code Section 290;

8. An offense involving the unlawful possession for sale, sales, furnishing or giving of, or transportation of a controlled substance, including, but not limited to, the following offenses described in California Health and Safety Code Section 11054, 11055, 11056, 11057, 11058, 11171, 11351, 11351.5, 11352, 11357.5, 11359, 11360, 11375, 11378, 11378.5, or 11379; or

9. Any offense in another jurisdiction that, had the predicate act(s) been committed in California, would have constituted any of the foregoing offenses.

CC. “Specified sexual activities” shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

1. Intentional presentation of human genitals in a state of sexual stimulation or arousal; and/or

   2. Acts of human masturbation, sexual stimulation or arousal; and/or

   3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

   4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

   5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

   6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

• DD. “Transfer of ownership or control” of a sexually oriented business means any of the following:

  1. The sale, lease, or sublease of the business;

  2. The transfer of an interest which constitutes an “influential interest” in the business, whether by sale, exchange, assignment, pledge or similar means; or

  3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business. (Ord. 3315 §§ 2(1), 2(2), 2014; Ord. 3241 § 2, 2012).

A. All sexually oriented businesses are subject to the sexually oriented business regulatory license requirements of this chapter as well as all other applicable ordinances of the City and laws of the state of California. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any sexually oriented business within Chula Vista unless the person first obtains, and continues to maintain in full force and effect, a sexually oriented business regulatory license as herein required. Any occurrence of the “establishment” of a sexually oriented business as defined in this chapter shall require a new application for a sexually oriented business regulatory license. The sexually oriented business regulatory license shall be subject to the development and operational standards of this chapter and the requirements of the zoning or other land use provisions applicable to where the facility is located.

B. License applicants shall file a written, signed and verified application in person at the City’s Development Services counter on a form provided by the City’s Director of Development Services or his or her designee (“the Director”). Such application shall contain the following information and be accompanied by the following documents:

1. If the license applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age.

2. If the license applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.

3. If the license applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

4. A signed and verified statement that the applicant has not pled guilty or nolo contendere or been convicted of specified criminal activities.

5. The license applicant shall provide a list of all performers and nonperformers, which includes the performer’s/nonperformer’s legal name, and mailing address, and satisfactory written proof that each performer/nonperformer is at least 18 years of age. If the sexually oriented business regulatory license is granted, the licensee shall maintain this list with current and updated information and shall make this list available for inspection upon reasonable notice.

6. Each nonperformer working in a managerial capacity and each performer shall provide the license applicant with a signed and verified statement that the nonperformer/performer has not pled guilty or pled nolo contendere or been convicted of a specified criminal activity.

7. Each person with an influential interest in the sexually oriented business or in a legal entity with an influential interest in the sexually oriented business shall sign the application for a license as an applicant. All persons who sign the application must also provide names, aliases, addresses, and date of birth.

8. If the license applicant intends to operate the sexually oriented business under a name other than that of the license applicant, the license applicant shall file the fictitious name of the sexually oriented business and show proof of registration of the fictitious name.

9. A description of the type of sexually oriented business for which the license is requested and the proposed address where the sexually oriented business will operate, plus the names and addresses of the owners and lessors of the sexually oriented business site.

10. The address to which notice of action on the application is to be mailed.

11. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually oriented business. The sketch or diagram need not be professionally prepared but must be oriented to the north or some other designated street or object and drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

12. A diagram of the off-street parking areas and entries to the premises of the sexually oriented business, also showing the location of the lighting system required by this chapter.

C. The completed application shall be accompanied by a nonrefundable application fee. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council.

D. The completeness of an application for a sexually oriented business regulatory license shall be determined by the Director within five City business days of its submittal. If the Director determines that the license application is incomplete, the Director shall immediately notify in writing the license applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five City business days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.

E. The fact that a license applicant possesses other types of state or City licenses does not exempt the license applicant from the requirement of obtaining a sexually oriented business regulatory license under this chapter. (Ord. 3315 §§ 2(3), 2(4), 2014; Ord. 3241 § 2, 2012).

A. Upon the filing of a completed application for a sexually oriented business regulatory license, the Director shall immediately write or stamp the application “Received” and, in conjunction with City staff, shall promptly investigate the information contained in the application to determine whether a sexually oriented business regulatory license shall be granted. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section.

B. Within 21 days after the filing of a completed sexually oriented regulatory permit application, including payment of the required application fee, the investigation shall be completed. The Director shall promptly notice a public hearing with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905. Said public hearing shall be conducted within 15 days of the expiration of the completed investigation period.

C. In reaching a decision on the application, the Director shall not be bound by the formal rules of evidence in the California Evidence Code.

D. The Director shall issue the written decision on the application for a sexually oriented business regulatory license within four City business days after the public hearing required by this section. The failure of the Director to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to compliance with all operational standards of CVMC 9.13.100 and all City zoning requirements, including those found in CVMC 19.58.024, and shall be subject to appeal to the City Council, pursuant to CVMC 9.13.080. The decision of the Director shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this code.

E. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.

F. The Director shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

1. The Director shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

2. If the application is denied, the Director shall attach to the application a statement of the reasons for the denial.

3. If the application is granted, the Director shall attach to the application a sexually oriented business regulatory license.

G. The Director shall grant the application and issue the sexually oriented business regulatory license upon findings that the proposed business meets, or will meet, all of the development and operational standards and requirements of this chapter, unless the application is denied based upon one or more of the criteria set forth in subsection (I) of this section.

H. If the Director grants the application, the applicant may begin operating the sexually oriented business for which the license was sought, subject to strict compliance with the development and operational standards and requirements of this chapter. The licensee shall post the license conspicuously in the premises of the sexually oriented business.

• I. The Director shall deny the application if the applicant fails to establish any of the following:

  1. The sexually oriented business complies with the City’s zoning requirements as to its underlying zoning designation and other locational requirements.

  2. The sexually oriented business complies with the development, operational or performance standards found in this chapter.

  3. The license applicant is at least 18 years of age.

  4. The required application fees have been paid.

  5. The applicant, each nonperformer working in a managerial capacity and each performer have not pled guilty or pled nolo contendere or been convicted of a specified criminal activity.

  6. The application complies with CVMC 9.13.030.

J. A permittee, applicant or substantially related entity wherein the new application is made by an individual or previous entity exercising management or oversight or control of the sexually oriented business cannot reapply for a sexually oriented business regulatory license for a particular location within one year from the date of prior denial.

K. Any affected person may appeal the decision of the Director in writing within 10 days in accordance with the provisions of CVMC 9.13.080. (Ord. 3315 §§ 2(5), 2(6), 2014; Ord. 3241 § 2, 2012).

Licensees, operators and employees of a sexually oriented business shall permit representatives of the Police Department, Fire Department, Development Services Department and other City departments to inspect the adult business for the purpose of ensuring compliance with the laws and operating standards applicable to adult businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner. (Ord. 3315 § 2(7), 2014).

A. On determining that grounds for license suspension or revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least 10 days prior to the hearing date. Hearings pursuant to this section shall be noticed in accordance with California Government Code Sections 65091 and 65905 and conducted by the Director or his/her designee which may include a third party hearing officer. Hearings pursuant to this section shall be conducted in accordance with procedures established by the Director but, at a minimum, shall include the following:

1. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.

2. The Director shall not be bound by the formal rules of evidence.

3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the licensee. Extensions of time or continuances sought by a licensee shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations.

4. The Director’s decision may be appealed in accordance with CVMC 9.13.080.

• B. A license may be suspended or revoked based on the following causes arising from the acts or omissions of the licensee, or an employee, partner, operator or manager of the licensee:

  1. The building, structure, equipment, or location used by the sexually oriented business fails to comply with all provisions of these regulations and this section relating to sexually oriented businesses, including the sexually oriented business operational standards contained in CVMC 9.13.100 and the zoning requirements of CVMC 19.58.024, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Chula Vista Municipal Code.

2. The licensee has failed to obtain or maintain all required City licenses or permits with respect to the business or the premises.

3. The licensee has made any false, misleading, or fraudulent statement of material fact in the application for a sexually oriented business license.

4. The license is being used to conduct an activity different from that for which it was issued.

5. That an employee of the sexually oriented business has been convicted of two or more specified criminal activities that occurred on the licensed premises within a 12-month period and was employee of the sexually oriented business at the time the offenses were committed.

6. That the use for which the approval was granted has ceased to exist, has been suspended or has not been active for six months or more.

7. That the transferee/new owner of a sexually oriented business or sexually oriented business regulatory license failed to comply with the requirements of this chapter.

8. The licensee, operator, or manager has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent the occurrence of, a specified criminal activity on the premises of the sexually oriented business, or has been convicted of a specified criminal activity. The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license; provided, that if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.

9. An act or omission in violation of any of the requirements of this chapter if such act or omission is with the knowledge, authorization, or approval of the licensee or is as a result of the licensee’s negligent supervision of the employees of the sexually oriented business. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.

C. After holding the hearing in accordance with the provisions of this section, if the Director finds and determines that there are grounds for suspension or revocation, the Director shall impose one of the following:

1. Suspension of the license for a specified period not to exceed six months; or

2. Revocation of the license.

The Director shall render a written decision that shall be hand delivered or overnight mailed to the licensee within five days of the public hearing.

D. In the event a license is revoked pursuant to this section, another sexually oriented business regulatory license to operate a sexually oriented business shall not be granted to the licensee or an entity related to the licensee within 12 months after the date of such revocation.

E. The licensee shall be responsible for payment of the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. (Ord. 3315 § 2(8), 2014; Ord. 3241 § 2, 2012).

A. After approval, denial, suspension or revocation of a license, any affected person may appeal the decision to the City Council in writing within 10 days after the written decision. At the time of filing an appeal, the applicant shall pay the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council.

B. Consideration of an appeal of the decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code Sections 65091 and 65905 and which hearing shall occur within 30 days of the filing or initiation of the appeal.

C. The City Council action on the appeal of the decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the City Council shall grant or deny the appeal. The City Council’s decision shall be final and conclusive and shall be rendered in writing within four City business days of the hearing, such written decision to be mailed to the party appealing the Director’s decision.

D. In reaching its decision, the City Council shall not be bound by the formal rules of evidence.

E. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.

F. Failure of the City Council to render a decision to grant or deny an appeal of a license denial within the time frames established by this section shall be deemed to constitute an approval of the sexually oriented business regulatory license.

G. The time for a court challenge to a decision of the City Council is governed by California Code of Civil Procedure Section 1094.8.

H. Notice of the City Council’s decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.

I. Any applicant or licensee whose license has been denied pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8. (Ord. 3315 § 2(9), 2014; Ord. 3241 § 2, 2012).

A. A license holder shall not operate a sexually oriented business under the authority of a sexually oriented business license at any place other than the address of the sexually oriented business stated in the application for the license.

B. In the event of a transfer of ownership of the sexually oriented business, the new owner shall be fully informed of the requirements of this chapter, including the operational and development standards herein.

C. In the event of a transfer of a sexually oriented business, the transferee shall complete an application for a sexually oriented business license and provide all information specified in CVMC 9.13.030 to the Director. The transferee shall be considered an applicant as provided in this chapter and the transfer shall only become effective if the proposed transferee satisfies the conditions set forth in CVMC 9.13.040, including payment of the required nonrefundable application fee. If the application is granted, the sexually oriented business license shall be transferred to the new owner. (Ord. 3315 § 2(10), 2014; Ord. 3241 § 2, 2012).

A. Hours of Operation. It shall be unlawful for any owner, operator, manager or employee of a sexually oriented business to allow such sexually oriented business to remain open for business, or to license any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 6:00 a.m. of any day, excepting herefrom an “adult hotel/motel.”

B. On-Site Manager. All sexually oriented businesses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on-site manager shall provide his/her name to the Chief of Police to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. An individual cannot serve as an on-site manager if he/she has pled guilty or pled nolo contendere or been convicted of a specified criminal activity.

C. Interior of Premises. No exterior door or window on the premises of a sexually oriented business shall be propped or kept open at any time while the business is open and any exterior windows shall be covered with opaque coverings at all times.

D. Displays of Sexually Oriented Materials. All displays of materials characterized or distinguished on matters describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in this code, shall be completely screened from public view as viewed from adjacent sidewalks or public rights-of-way.

E. Signs. All sexually oriented businesses shall comply with the following sign requirements, in addition to those provided elsewhere in this code. Should a conflict exist between the requirements of other provisions of the code and this subsection, the more restrictive shall prevail.

If a sexually oriented business does not serve alcohol, it shall post a notice prior to entry to the area of public assembly and within 10 feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the sexually oriented business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 25 points. If the sexually oriented business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department.

F. Exterior Lighting Requirements. All exterior areas, including parking lots, of the sexually oriented business shall be illuminated at a minimum of 1.50 footcandles, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties and to avoid light pollution. Inoperable and/or broken lights shall be replaced within 24 hours.

G. Interior Lighting Requirements. All interior areas of the sexually oriented business excepting therefrom adult hotels/motels shall be illuminated at a minimum of 1.00 footcandle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within 24 hours, excepting herefrom an adult hotel/motel.

H. Regulation of Public Restroom Facilities. If the sexually oriented business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the sexually oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

I. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag or with individually bagged trash at least once a day. At least four times a day, the front and rear exteriors of any sexually oriented business, along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag.

J. Sexually Oriented Business Offering Adult Live Entertainment – Additional Operating Requirements. The following additional requirements shall apply to sexually oriented businesses providing adult live entertainment:

1. No person shall perform adult live entertainment for patrons of a sexually oriented business except upon a permanently fixed stage at least 18 inches above the level of the floor, and surrounded with a threefoot-high barrier or by a fixed rail at least 30 inches in height. No patron shall be permitted on the stage while the stage is occupied by a performer(s) and/or adult cabaret dancer(s). This provision shall not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent, floor to ceiling, solid barrier.

2. No performer or adult cabaret dancer shall be within six feet of a patron, measured horizontally, while the performer or adult cabaret dancer is performing adult live entertainment. While on stage, no performer or adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any performer or adult cabaret dancer.

3. As to off-stage performances, no performer or adult cabaret dancer shall perform “adult live entertainment” off stage. As to an adult cabaret dancer performing off stage, a distance of at least six feet shall be maintained between the adult cabaret dancer and the patron(s) at all times. During off-stage performances, no adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any adult cabaret dancer. Off-stage performances may only be conducted in the main public assembly area of the sexually oriented business. Any location being used for off-stage performances shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire area where the off-stage performance is occurring. At all times, a manager station(s) shall be maintained to ensure a clear line of sight into any area of the sexually oriented business where off-stage performances are conducted.

4. In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which includes, but is not limited to, the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person’s body. Patrons shall be advised of the no touching requirements by signs and, if necessary, by employees of the establishment. This prohibition does not extend to incidental touching.

5. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees of the establishment.

6. All employees of the sexually oriented facility, except therefrom performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.

7. Patrons shall not throw money to performers, place moneys in the performers’ costumes or otherwise place or throw moneys on the stage. If patrons wish to pay or tip performers, payment or tips may be placed in containers. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees of the sexually oriented business.

8. The sexually oriented business shall provide dressing rooms for performers that are separated by gender and exclusively dedicated to the performers’ use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

9. The sexually oriented business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.

10. The sexually oriented business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers, and the patrons must also be three feet away from the walk aisle. Nothing in this section is intended to exempt the sexually oriented business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

11. All sexually oriented businesses featuring live entertainment shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

• a. Provide at least one security guard at all times while the business is open.

• b. If the occupancy limit of the premises is greater than 21 persons, an additional security guard shall be on duty.

c. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed and bonded as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.

d. Between the hours of 8:00 p.m. and 30 minutes after the established closing time of the facility, security guard(s) shall regularly patrol the parking lot and adjacent outdoor areas of the facility to maintain order therein and prevent any illicit or nuisance activity.

e. Security guard(s) shall be regularly posted at the doors used by the performers when said doors are in use.

f. The sexually oriented business shall provide a security system that visually records and monitors all parking lot areas as well as all entrances and exits to or from the facility. The recordings shall have sufficient definition/fidelity to allow for identification of persons entering or exiting the premises. These recordings shall be retained on site for 30 days and shall be made available within 24 hours if requested by a member of the City Police Department or other police officer for a legitimate law enforcement purpose.

12. Except as otherwise provided in this chapter, patrons shall not be permitted in any area of an adult cabaret other than bathrooms unless there is a clear line of sight between the area and a manager’s station.

K. Adult Motion Picture Theater – Additional Operating Requirements. The following additional requirements shall apply to adult motion picture theaters:

1. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

   • a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;

b. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times; and

c. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

L. Employment of and Services Rendered to Persons Under the Age of 18 Years Prohibited – Twenty-One (21) if Liquor Is Served.

1. Employees. Employees of a sexually oriented business must be at least 18 years of age. It shall be unlawful for any person with influential interest, manager or other person in charge of any sexually oriented business to employ, contract with, or otherwise retain any services in connection with the sexually oriented business with or from any person who is not at least 18 years of age. If liquor is served at the sexually oriented business, employees of the sexually oriented business must be at least 21 years of age. If liquor is served at the sexually oriented business, it shall be unlawful for any person with influential interest, manager or other person in charge of any sexually oriented business to employ, contract with, or otherwise retain any services in connection with the sexually oriented business with or from any person who is not at least 21 years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the sexually oriented business.

2. Patrons. Patrons of a sexually oriented business must be at least 18 years of age. It shall be unlawful for any person with influential interest, manager or other person in charge of any sexually oriented business to permit to enter or remain within the sexually oriented business any person who is not at least 18 years of age. If liquor is served at the sexually oriented business, patrons must be at least 21 years of age. If liquor is served at the sexually oriented business, it shall be unlawful for any person with influential interest, manager or other person in charge of any sexually oriented business to permit to enter or remain within the sexually oriented business any person who is not at least 21 years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons entering the sexually oriented business.

3. X-Rated Movies. The selling, renting and/or displaying of X-rated movies, videotapes, digital video discs (DVDs), compact discs (CDs) and laser discs shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, CDs or laser discs that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser discs shall be located in a specific section of the establishment where these items are not visible to persons under the age of 18 and from which persons under the age of 18 shall be prohibited.

M. Regulation of Adult Booth/Individual Viewing Areas.

1. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

2. Each adult booth/individual viewing area within the sexually oriented business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. Any sexually oriented business may have more than one manager station in order to ensure compliance with this regulation. At all times, the manager station(s) shall be maintained to ensure a clear line of sight into the interior of the adult/booth individual viewing area. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment is viewed is visible from the manager station(s). The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle and the manager station(s) without the assistance of mirrors or any other device.

3. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained.

4. No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using “pop” rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

5. No beds, couches or chairs with a sitting area greater than 24 inches wide shall be permitted in an adult booth/individual viewing area. (Ord. 3315 §§ 2(11) – 2(13), 2014; Ord. 3241 § 2, 2012).

A. Any owner, operator, manager or employee of a sexually oriented business violating or permitting, counseling, or assisting the violation of any of these provisions regulating sexually oriented businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

B. In addition to the remedies set forth in subsection (A) of this section, any sexually oriented business that is operating in violation of these provisions regulating sexually oriented businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

C. The restrictions imposed pursuant to this section constitute a licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Chula Vista Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this chapter related to sexual conduct or activities. (Ord. 3241 § 2, 2012).

A. Licensing Requirements. Any sexually oriented businesses operating in the City prior to the effective date of this chapter must apply for a license under this chapter.

B. Interior Configuration Requirements. Any preexisting sexually oriented business that is required to, but does not, have interior configurations or stages that meet at least the minimum requirements of CVMC 9.13.100 shall have 90 days from the effective date of this chapter to conform its premises to said requirements.

C. Other Requirements. Except as provided for in subsections (A) and (B) of this section, sexually oriented businesses shall comply with this chapter on the date that it takes effect. (Ord. 3241 § 2, 2012).

The provisions of CVMC 9.13.010 to 9.13.120 regulating sexually oriented businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other provisions of the Municipal Code and/or any other regulations pertaining to the operation of businesses as adopted by the City. (Ord. 3241 § 2, 2012).